News
Basketball Referee not an employee, Supreme Court rules
The Philippine Supreme Court recently ruled that a referee hired by the Philippine Basketball Association (PBA) is not an employee but rather an independent contractor. In the case of Bernarte v. PBA, G.R. No. 192084, September 14, 2011, a referee whose contract was not renewed following its expiration accused the PBA of illegal dismissal. He won before the Labor Arbiter and the NLRC which both held that he was an employee who was illegally dismissed and, therefore, entitled to backwages, damages and attorney’s fees. The Court of Appeals,...
read moreThe Inadmissibility of Privileged Communication in Conciliation Proceedings: Absque Ulla Conditione
Francis V. Sobreviñas* In the 2007 Bar Examinations in Labor Law, the following questions were asked: “How sacrosanct are statements/data made at conciliation proceedings in the Department of Labor and Employment? What is the philosophy behind your answer?” The foregoing questions were answered by our Supreme Court, initially, in the twin cases of Nissan Motors Philippines, Inc. v. Secretary of Labor and Employment and Bagong Nagkakaisang Lakas sa Nissan Motors NMPI-OLALIA-KMU v. Court of Appeals[1] and, subsequently, in the...
read more“Reasonable Oppurtunity” is Time-Bound Says the Supreme Court
As an element of due process in administrative investigations, “reasonable opportunity” is time-bound, said the Supreme Court in the recent case of Genuino v. NLRC, G.R. Nos. 142732-33, 4 December 2007, and gave the employee facing disciplinary action “at least five (5) days” to present and explain his side. Previously, the Court allowed the employer a wider latitude by generally permitting its giving the employee anywhere from 24 to 72 hours to study the accusation, consult a union officer or lawyer, gather data and other evidence in...
read moreRed-Letter Ruling in the Realm of Labor Relations
In another precedent-setting case, Sta. Rosa Coca-Cola Plant Employees Union v. Coca-Cola Bottlers Phils., Inc., GR No. 164302-03, January 27, 2007, 512 SCRA 437, the Supreme Court sustained the Firm’s petition for client Coca-Cola Bottlers Phils., Inc. when it expressly and unequivocally ruled for the first time that shop stewards are considered officers of the union, and for knowingly participating in an illegal strike, shop stewards, along with the other union members, may be terminated from employment. The shop stewards in the case...
read moreFirm Wins Precedent Setting Case
Tender offer rules were finally applied in the Philippines when the Firm won a hard fought precedent-setting case in Cemco Holdings, Inc. v. National Life Insurance Company of the Philippines, G.R. No. 171815; 529 SCRA 355,where the Supreme Court, affirming the ruling of the SEC and the Court of Appeals, applied the rules mandatorily to a transaction that involved only two sellers, and one that did not even result in a direct purchase of the shares of stock of a listed company as the transaction involved the purchase of a holding company,...
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